Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37790
Docket No. CL-37096
06-3-02-3-52
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard Coast Line
(Railroad
STATEMENT OF CLAIM:
"Claim of the System Committee of the Union that:
(Carrier File 6(00-1143)
(TCU File 1.2292(18)SCL)
1. Carrier violated the Agreement at various times on June 5 and
6, 2000, when it allowed the General Clerks located at
Flomaton, Alabama, to update work orders and set cars off at
Flomaton, Alabama. This was done in lieu of allowing Clerk C.
L. Pazmino to perform this work at the Customer Service
Center at Jacksonville, Florida, from the overtime list as
described in the Agreement.
2. Carrier shall now be required to compensate Clerk Pazmino,
ID No. 237871, eight (8) hours at time and one-half her current
rate of $142.66 for the above violation less compensation
received.
(Carrier File 6(00-1144)
(TCU File 1.2293(18)SCL)
1. Carrier violated the Agreement at various dates as noted in the
original claims, when it allowed the General Clerks located at
Flomaton, Alabama, to update work orders and set cars off at
Flomaton, Alabama. This was done in lieu of allowing Clerk A.
Form 1 Award No. 37790
Page 2 Docket No. CL-37096
06-3-02-3-52
L. McCombs to perform this work at the Customer Service
Center at Jacksonville, Florida, from the overtime list as
described in the Agreement.
2. Carrier shall now be required to compensate Clerk McCombs,
ID No. 181940, eight (8) hours at time and one-half his current
rate of $147.14 for the above violation less compensation
received.
(Carrier File 6(00-1145)
(TCU File 1.2294(18)SCL)
1. Carrier violated the Agreement at various dates as noted in the
original claims, when it allowed the General Clerks located at
Flomaton, Alabama, to update work orders and set off cars at
Flomaton, Alabama. This was done in lieu of allowing Clerk A.
L. McCombs to perform this work at the Customer Service
Center at Jacksonville, Florida, from the overtime list as
described in the Agreement.
2. Carrier shall now be required to compensate Clerk McCombs,
ID No. 181940, eight (8) hours at time and one-half his current
rate of $147.14 for the above violation less any compensation
received.
(Carrier File 6(00-1146)
(TCU File 1.2295(18)SCL)
1. Carrier violated the Agreement at various dates as noted in the
original claims, when it allowed the General Clerks located at
Flomaton, Alabama, to update work orders and set off cars at
Flomaton, Alabama. This was done in lieu of allowing Clerk A.
L. McCombs to perform this work at the Customer Service
Center at Jacksonville, Florida, from the overtime list as
described in the Agreement.
2. Carrier shall now be required to compensate Clerk McCombs,
ID No. 181940, eight (8) hours at time and one-half his current
Form 1 Award No. 37790
Page 3 Docket No. CL-37096
06-3-02-3-52
rate of $147.14 for the above violation less any compensation
received.
(Carrier File 6(00-1147)
(TCU File 1.2296(18)SCL)
1. Carrier violated the Agreement at various dates as noted in the
original claims, when it allowed the General Clerks located at
Flomaton, Alabama, to update work orders and set off cars at
Flomaton, Alabama. This was done in lieu of allowing Clerk A.
L. McCombs to perform this work at the Customer Service
Center at Jacksonville, Florida, from the overtime list as
described in the Agreement.
2. Carrier shall now be required to compensate Clerk McCombs,
ID No. 181940, eight (8) hours at time and one-half his current
rate of $142.66 for the above violation less any compensation
received.
(Carrier File 6(00-1148)
(TCU File 1.2297(18)SCL)
1. Carrier violated the Agreement at various dates as noted in the
original claims, when it allowed the General Clerks located at
Flomaton, Alabama, to update work orders and set off cars at
Flomaton, Alabama. This was done in lieu of allowing Clerk A.
L. McCombs to perform this work at the Customer Service
Center at Jacksonville, Florida, from the overtime list as
described in the Agreement.
2. Carrier shall now be required to compensate Clerk McCombs,
ID No. 181940, eight (8) hours at time and one-half his current
rate of $142.66 for the above violation less any compensation
received.
Form 1 Award No. 37790
Page 4 Docket No. CL-37096
06-3-02-3-52
(Carrier File 6(00-1149)
(TCU File 1.2298(18)SCL)
1. Carrier violated the Agreement at various dates as noted in the
original claims, when it allowed the General Clerks located at
Flomaton, Alabama, to update work orders and set off cars at
Flomaton, Alabama. This was done in lieu of allowing Clerk A.
L. McCombs to perform this work at the Customer Service
Center at Jacksonville, Florida, from the overtime list as
described in the Agreement.
2. Carrier shall now be required to compensate Clerk McCombs,
ID No. 181940, eight (8) hours at time and one-half his current
rate of $142.66 for the above violation less any compensation
received.
(Carrier File 6(00-1289)
(TCU File 1.2382(18)SCL)
1. Carrier violated the Agreement on July 22, 2000, when it
allowed the General Clerks located at Flomaton, Alabama, to
update work orders on trains and setting off cars at Flomaton,
Alabama. This was done in lieu of allowing Clerk A. L.
McCombs to perform this work at the Customer Service
Center at Jacksonville, Florida, from the overtime list as
described in the Agreement.
2. Carrier shall now be required to compensate Clerk McCombs,
ID No. 181940, eight (8) hours at time and one-half his current
rate of $147.14, plus any wage increase, for each day and each
shift he was not properly called to perform this work less any
compensation received, and continue until this violation is
stopped.
Form 1 Award No. 37790
Page 5 Docket No. CL-37096
06-3-02-3-52
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act,
as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
In this claim, the Organization alleges that on a number of dates the Carrier
assigned Clerks at Flomaton, Alabama, to perform the WOCO function to update
work orders and set off cars rather than assigning that work to a Customer Service
Representative ("CSR") at the Customer Service Center ("CSC") in Jacksonville,
Florida.
The background for this claim is set forth in Third Division Awards 37227
and 37760.
As more fully set forth in Third Division Award 37760, the Board has
jurisdiction to resolve this claim.
The record in this case shows that the disputed work: (1) was performed by
someone other than a CSR at the CSC; (2) was performed by a Clerk at Flomaton,
Alabama, prior to the 1991 Implementing Agreement; and (3) was performed by a
CSR at the CSC after the 1991 Implementing Agreement took effect. Under the
three-part test set forth in Third Division Award 37227, the Organization has shown
that the work was transferred from Flomaton, Alabama, to the CSC under the
terms of the 1991 Implementing Agreement and was later improperly performed by
someone other than a CSR at the CSC in violation of the parties' Collective
Bargaining Agreements.
Under the rationale stated in Third Division Award 37227, this claim shall be
sustained at the $15.00 requirement.
Form 1 Award No. 37790
Page 6 Docket No. CL-37096
06-3-02-3-52
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) be made. The Carrier is ordered to make
the Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 31st day of May 2006.
CARRIER MEMBERS' DISSENT
TO
THIRD DIVISION AWARDS 37781, 37782, 37783, 37784, 37785, 37786, 37787, 37788,
37789, 37790, 37799, 37800, 37801, 37802, 37803
DOCKETS CL-37043, CL-37052, CL-37073, CL-37076, CL-37078, CL-37080,
CL-37081, CL-37082, CL-37091, CL-37096, CL-37036, CL-37045, CL-37047,
CL-37055, CL-37063
(Referee Edwin H. Benn)
These Awards involve the performance of various computer functions, including
adjusting yard inventory, at field locations by Clerks and Yardmasters.
We dissent on the ground that the Board lacks the subject matter jurisdiction to decide
the claims. For the sake of brevity, our Dissent to Third Division Awards 37760 through
37765 is incorporated herein by reference.
ire. .e
Bjarne R. Henderson
;0"
A Am"
June 21, 2006
LABOR MEMBER'S RESPONSE
TO
CARRIER MEMBER'S DISSENT
TO
THIRD DIVISION AWARDS 37781, 37782 37783, 37784, 37785, 37786, 37787,37788,37789,
37790,37799,37800,37800,37801,37802,37803
DOCKETS CL-37043, CL-37052, CL-37073, CL-37076, CL-37078, CL-37080, CL-37081,
CL-37082, CL-37091, CL-37096, CL-37036, CL-37045, CL-37047, CL-37055,
CL-37063
(Referee Edwin H. Benn)
The Carrier Member's Dissent to the aforementioned Awards is a reiteration of its previous
Dissent involving the performance of computer functions at field locations by non-covered
employees. The redundant Dissent is still without substance and adds no value. Its only saving
grace is its brevity.
Contrary to the Carrier's assertions and illogical arguments the history of these disputes
reflects thefactthattheCarrierhasrepeatedlylostidenticalcasesbeforefoordiffcrentdistinguished
arbitrators. It
is
time for the Carrier to accept its loss, pay the grievances and cease violating the
Collective Bargaining Agreement.
All of the Awards listed above are correct and precedential. The Carrier Member's Dissent
does pd detract from their validity.
Respectfully submitted,
William R Miller
TCU Labor Member
June 21, 2006